CNA and RN licensing with a diversion

  1. Hello all,

    About three years ago I was charged with a misdemeanor for petty theft in California. I was granted a pre-trial diversion program, case was ultimately dismissed, and did not receive a conviction. Has anyone else been in the same boat, and was able to get his/her license? I am working on my CNA, and eventually my RN. Can anyone else share their own experience dealing with the Board of Nursing, and what was the final outcome of your situation? I feel like I need to find these answers before wasting my time and completing the RN program. Based on the BON in California, they state that they take everything into consideration, along with rehab efforts, school, work, ect. ect. In my particular case, ultimately, I know that it will say that I have not been convicted of a misdemeanor--but I am still worried about how that will look when I apply to be licensed as a CNA and and RN. Any thoughts or prior experience on this issue with the BON would be appreciated! Thanks for reading.
  2. Visit Pollypocket profile page

    About Pollypocket

    Joined: Jul '11; Posts: 9


  3. by   Reese2012
    I have seen another post on here where someone stole something out of someone's garage, confessed, and was dropped with their charges. They were able to still get their license because it happened so long ago, and they proved to the state that they went through some sort of class to prove that they were a good person
  4. by   tnbutterfly
    Moved to Nursing Licensure with a Criminal History forum. I know that you were not convicted of anything, but thought you might get some helpful advice here.

    I wish you the best!
  5. by   Pollypocket
    Thank you tnbutterfly, and Reese2012! I still keep in contact with my legal advisor, and had asked him again about licensing. He said that basically, it shouldn't effect licensure due to that there was no conviction involved.

    So for those of you who have dealt with the same thing I have, this is what you should write on your forms if asked about a felony or misdemeanor:

    "No conviction received, diversion was granted".

    This is best possible answer since you were not convicted! Good luck to all!
  6. by   dylansmom7
    Hi, I also have a drug misdemeanor that was dismissed due to a diversion program. I am in California so not sure if different states have different laws regarding the lisencing
    And pc codes. I was certified as a CNA with no problem and am finishing my last semester of nursing school. My arrest was almost 17 years agO and am not foreseeing a lot of problems getting licensed, but anything is possible. Good luck to you!
  7. by   Pollypocket
    Hello dylansmom7! Thank you so much for sharing your story. I was embarrassed about what I had done, but I was going through a lot of things at that time as well. However, it is the past now--and I'm just so glad that I didn't receive a conviction. Your story gives me a lot of hope! I am also in California as well--so if you were able to get through it just fine...then as my legal advisor has said, "it shouldn't be a problem at all since there was no conviction". How long ago was your case?
  8. by   dylansmom7
    Hi pollypocklet! My case was almost 17 years ago. You should still be fine with your arrest. The CNA application asks "have you ever BEEN CONVICTED of a crime" not "BEEN ARRESSTED" so I called the dept of public health and saftey and asked them about my arrest and they said "just write down that you were arrested and not convicted". I wish it were that simple for nursing lisencing. I think we both should be fine. As long as your honest in your application process, you will ultimately be a nurse. Best of luck to you and hope you can email me when you get certified. I love success stories.
  9. by   Pollypocket
    Hello again dylansmom7!

    I'm sorry, you did say 17 years! I'm glad things worked out for you..and hopefully I won't run into any problems. Thanks again..and good luck!
  10. by   ctml
    check your state police criminal record. you can easily do it online from state police website, if its not there no need to report it period. dont give information you dont need to. be smart about it. good luck ..check your record before you do anything.
  11. by   ParkerBC,MSN,RN
    Disclose it. Make sure you have official court copies of everything to send to the board. There was about seven year of my life when I was using drugs and got into trouble. I was arrested three times for purchasing stolen property. I too participated in the pre-trial diversion program. However, the board stuck it to me. I received my license with a 3 year probation and no peds, home health, or hospice. I hired an attorney to appeal the decision. I go back in front of the board Thursday. She seems to think everything will be fine. In other words, she is confident that I will receive my license free and clear.
  12. by   Pollypocket

    And what would that website be? I'm located in California...I don't know if there is a state police website where you can view it? I know that if you look at the county's superior court court records--my case number does pop up...however, it doesn't show any information..but the case number. What state police website did you use?

  13. by   Pollypocket

    Yes, I will definitely disclose it. Well, in the State of California--per the BON's website, you have to disclose all of it (dismissed, diversion, and convictions). Many people say that as long as you are truthful, then they have no right to deny you of your license since there was never any conviction involved.

    Were you charged three times? or were you given a plea bargain of entering the pre-trial diversion program and all three charges would be dismissed? Did you also have drug charges as well? What state are you located in? So, you met with the board the very first time, and they were not convinced? I would love to hear what the board has decided once you meet them on Thursday! Keep me updated, and let me know the board's final decision! Thanks for sharing you story..and I hope they will give you your license! Good luck!

  14. by   Pollypocket

    Did you ever get an answer to your appeal?? I would love to hear the outcome!